DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-42,127

SUN APPAREL OF TEXAS, INC.
PRODUCT DEVELOPMENT DIVISION
EL PASO, TEXAS

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness
Act of 1988 (P. L. 100-418), the Department of Labor herein
presents the results of an investigation regarding certification
of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated,
or are threatened to become totally or partially
separated;

(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly
to the separations, or threat thereof, and to the
absolute decline in sales or production.


The investigation was initiated on September 16, 2002, in
response to a petition filed on behalf of workers at Sun Apparel
of Texas, Inc., Product Development Division, El Paso, Texas, is
the subject of the investigation. The workers were engaged in
the development of patterns used to produce jeans.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm did not
import during the relevant period.
The investigation further revealed that the patterns
produced at the subject plant are shipped to a foreign source to
be used in the production of jeans at the affiliated foreign
plant. Therefore, any declines in plant pattern production
would be related to decreasing demand from a foreign source
rather then imports during the relevant period.
A NAFTA-Transitional Adjustment petition has been filed on
behalf of workers at the subject firm (NAFTA 6530).







Conclusion
After careful review, I determine that all workers at Sun
Apparel of Texas, Inc., Product Development Division, El Paso,
Texas are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 8th day of October 2002.



/s/Elliott S. Kushner__________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance